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Vol 22 No 12 Dec 17/Jan 18

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Cover of McGregor on Damages

McGregor on Damages

Edited by: James Edelman, Simon Colton, Jason Varuhas
Price: £440.00

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UN Security Council Reform and the Right to Veto

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ISBN13: 9789041105929
ISBN: 9041105921
Published: June 1998
Publisher: Brill Academic Publishers
Format: Hardback
Price: £179.00

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This volume seeks to contribute to the late-20th-century discussion of a constitutional reform of the United Nations, a discussion rekindled by the end of the Cold War and the significant involvement of the UN in international peacemaking and peacekeeping since the Kuwait crisis.;The work focuses upon the Security Council, its composition and possible enlargement, its decision-making process and competences, and its relationship with the General Assembly and the International Court of Justice. Particular regard is given to the right of veto of the permanent members of the Security Council, which is seen as the central and most problematic, feature of the present constitution of the UN. The study includes a detailed record of the historical and ideological origins of the veto at the end of World War II.;The text describes and analyzes the reform discussion as it has taken place at the UN since 1991. The different proposals made by governments, NGOs and individual scholars are evaluated by applying a number of standards and concepts ensuing from a perception of the UN Charter as constitution of the International community. The study seeks to advance a comprehensive constitutional theory of the UN and redefine the place of the Charter in contemporary international law.

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The structure of our argument; council reform and its context.
Part 1 Foundations - the right of veto as part of the constitution of the international community: ""constitution"" and its associations with the modern state; the transfer of the constitutional idea to the sphere of International Law - different approaches; the international community and its constitutions; the UN charter as a constitution; conceptual distinctions; consequences.
Part 2 Reform - the future of the right of veto and the structure of the security council: the current legal status of Article 27 of the UN charter; premises of reform; present proposals for a reform of the security council; a constitutional right of veto. Conclusion: constitution-building without a Hegemon.